H1 approved in 2010, Can it be used as capExempt Petition?

USA H1B Visa
1

Hello,

I hold a H1 petition approved in 2010. Petition validity dates read as 10/14/2010 through 09/30/2013. I never appeared for stamping. But now I am interested to get the same transferred to some other employer as the one who processed it isn’t helping my case anymore.

Till what date can I use this petition to get a new petition filed using cap exempt quota?Pls clarify.

Thanks, Rajeev

2

Cap-exempt petition can be filed within 6 years of original H-1 start date. So this would mean Oct 13, 2016 in your case.

3

Saurabh, does this hold true even if I got a L1B in between and travelled on L1 to US ?

4

Yes, still holds true. There is another rule which states that you can spend at most 6 years inside US on H-1 and L-1. That will include all your time spent inside US.